Page:United States Statutes at Large Volume 49 Part 2.djvu/1404

 3420 October 10. 1934. . -_. _- "--- Copyri~ht; Spain. Vol. :!5, 1'. 10 75. Vol. 35, p. c077. Vol. 36, p. 2685. Action by Spain. PROCLAMATIONS, 1934. COPYRIGHT-SPAIN BY THE PRESIDENT OF THE UNITED STATES OF AMERICA .A PROCLAJ\lI.ATION WHEREAS sectiOIl. 8 of the act of Cop-gress entitled "An Act to amend and consolidate the Acts respec;ng copyright", approved March 4, 1909 (ch. 320, 35 Stat. 1075), provides that the copyright secured by the act, except as to the benefits of section 1 (e) thereof as to which special conditions are imposed, shall extend to the work of an author or proprietor who is a citizen or subject of a foreign state or nation, only: "(a) 'When an alien author or proprietor shall be domiciled within the United States at the time of the first publication of his work; or " (b) \Vhen the foreign state or nation of which such author or proprietor is a citizen or subject grants, either by treaty, convention, 8",OTeement, or law, to citizens of the United States the benefit of copyright on substantially the same basis as to its own citizens, or copyright protection substantially equal to the protection secured to such foreign author under this Act or by treaty; or when such foreign state or nation is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States may, at its pleasure, become a party thereto"; and WHEREAS it is provided by section 1 (e) of the act that the provisions thereof "so far as they secure copyright controlling the parts of instruments serving to reproduce mechanically the musical work, shall include only compositions published and copyrighted after this Act goes into effect, and shall not include the works of a foreign author or composer unless the foreign state or nation of which such author or composer is a citizen or subject grants, either by treaty, convention, agref'ment, or law, to cltizens of the United States similar rights"; and WHEREAS the President is authorized by the aforesaid section 8 to determine by proclamation made from time to time the existence of the· reciprocal conditions aforesaid, as the purposes of the act may r~quire; and WHEREAS the President by proclamation dated April 9, 1910, did determine and declare that one of the alternative conditions specified in the aforesaid section 8 was then, and since July 1, 1909, had been, fulfilled in respect to the subjects of Spain and that the subjects of Spain were, and since July 1, 1909, had been, entitled to all the benefits of the aforesaid act other than the benefits of section 1 (e) thereof; and WHEREAS satisfactory official assurance ha.c; been given that in Spain the law now grants to citizens of the United States rights similar to those accorded by the aforesaid section 1 (e) of the act of March 4, 1909: Benefits extended to NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, Presi. DBtlonalsor Sl>ain. dent of the United States of America, do hereby declare and proclaim Proviso,. Conditions. that on and after October 10, 1934, the conditions specified in sec- tions 8 (b) and 1 (e) of the aforesaid act of :March 4, 1909, will exist and be fulfilled in respect to nationals of Spain, and that on and after October 10, 1934, nationals of Spain shall be entitled to all the benefits of that act and acts amendatory thereof: Protided, That the enjoyment by any work of the rights and benefits conferred by the act of March 4, 1909, and acts amendatory